THE ROLE OF THE JUDGE IN ARBITRAL AWARDS IN ACCORDANCE WITH THE CIVIL AND ADMINISTRATIVE PROCEDURES LAW.
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Abstract
Although the jurisdiction is exclusive to the judge in the implementation, the arbitrator can have an important role in the implementation process, for judges, in all legal systems, they exercise control over arbitral awards on the occasion of issuing the order to enforce them, and this is not a question of the arbitration system or lack of confidence in that country. Despite the important role of arbitrators in implementation, as judges with limited constraints and virtually unlimited procedural powers, they are often asked to identify facts arising from cultural interactions they have never been exposed to, asked to apply a law they have not seen before, and they sit side by side with their colleagues who often misunderstand them, and relentlessly misled by lawyers and expert witnesses on both sides, and they do not share the same cultural background as the witnesses. Therefore, it was necessary to exercise control by the judge, and the forms of national judicial control over the arbitral award vary according to the purpose behind the implementation of this control. The enforcement of arbitral awards can be monitored by a judge in order to verify the conditions that must be met and the degree of compliance with national law for the recognition and enforcement of arbitral awards.
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